When a server crashed and I lost my many of my original blog posts, it gave me the opportunity to update the DocReviewMD posts and look back. Sorry to say, I have been unable to locate the first da Silva Moore blog post but I will keep looking. Today that case continues to grow and has become a battle between experts. In essence it is a train wreck. But this is no surprise as it is the first case using predictive coding and there are many issues surrounding the use of these tools which we are still figuring out. That is the basis of the 2013 Predictive Coding Thought Leadership Series I have been touring the country with in 2013. But it is fun to look at the back catalogue on what we were saying back in early 2012 about these tools. Enjoy….. Read More

Kleen Hearing Day Two – The Battle of Boolean Searches versus Sampling and Predictive Coding and Attacking Expert Witnesses

Losing my entire collection of blog posts due to a server error has allowed me to revisit the posts I could find on my hard drive and update them like artists do with box collections. So this first paragraph updates the blog post. I actually updated this post with an eDJ Group post last year when the Kleen Products litigants agreed to cooperate and continue the current Boolean Searches. Many pundits claimed a victory for the anti-predictive coding camp. I said it was an uphill battle for the plaintiffs because of the burden changing in mid stream a review approach that the Defendants’ had been using across 6 defendants. I was thrilled to get to watch this argument first hand but the real challenge today isn’t the arguing the process. It is that lawyers do are not yet comfortable on how to validate these tools to even propose in large numbers that they start using predictive coding. That is the purpose behind the Predictive Coding Thought Leadership Series which I have been touring the country and leading a CLE programs on validation and statistics. So enjoy my accurate assessment of this case, though I admit I overstated the pace of future change to predictive coding…. Read More